MESSRS SERVICE MEDICAL AND GENERAL STORES, KARACHI vs Haji — 1971 SCMR 591

Citation: 1971 SCMR 591

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-08-24

Parties: MESSRS SERVICE MEDICAL AND GENERAL STORES, KARACHI vs Haji RASHIDUDDIN AND 3 Other

Headnotes

Case cited as 1971 SCMR 591

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title:MESSRS SERVICE MEDICAL AND GENERAL STORES, KARACHI vs Haji RASHIDUDDIN AND 3 Other Case No.: Civil Petition for Special Leave to Appeal No. K-55 of 1971 Date of Judgment:1971-08-24 Reported As: 1971 SCMR 591 Result: Leave refused Judgment ORDER WAHIDUDDIN AHMAD, J.-The dispute between the parties is in respect of a shop in a building situated on Burns Road, Karachi which is owned by respondents Nos. 1 to 3. In this shop, the business is carried on under the name of Messrs Service Medical and General Stores. According to the respondents, the shop is a sole proprietorship business owned by the 4th respondent. The petitioner's contention is that it is a partnership business and owned by Umar Abdullah and Abdur Razzaq Ahmad. The building was purchased by the first three respondents in 1963. As the building was required for reconstruction, these respon--dents, in March 1965, filed eviction application under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959 against all their tenants on the ground that they wanted to rebuild their property. Respondents Nos. 1 to 3 recognized the fourth respon--dent as the tenant of the shop and filed the eviction application against him for obtaining the possession of the shop in dispute. Respondent No. 4 contested the application. The Rent Controller, by order dated the 30th November 1967, allowed the eviction application on the…

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